What began as request for info on cell tracking records turns into surreal tale.

Further Reading

The American Civil Liberties Union has lost in its attempt to get the city of Sarasota, Florida, to hand over city records pertaining to the use of stingrays, or fake cell tower surveillance devices.

As we reported earlier this month, the ACLU asked a Florida court for an emergency motion (PDF) that would require the city to make its stingray records available via a public records request. These devices, which are also known as international mobile subscriber identity (IMSI) catchers, can be used to track phones or, in some cases, intercept calls and text messages.

The term “Stingray” is a trademarked product manufactured by a Florida-based company, the Harris Corporation. But it has since come to be used as a generic term, like Xerox or Kleenex. Harris is notoriously secretive about the capabilities of its devices and generally won’t talk to the press about their capabilities or deployments.

Federal authorities frustrated the ACLU’s efforts to learn how the devices are used in Sarasota after the US Marshals Service (USMS) deputized a local police detective. The USMS then physically moved the stack of paper records hundreds of miles away.

In a four-page decision issued on Tuesday, state circuit court judge Charles Williams found that his court lacked jurisdiction over a federal agency—effectively recognizing the transfer of the stingray documents to the US government. The case was therefore dismissed.

However, pursuant to the government’s own voluntarily handover as it was described to the court on June 12, the court ordered that the US government must turn over applications and orders approving the use of stingray devices that have already been filed under seal and issued by Florida state judges. Those records will, at least for the time being, remain sealed.

Appeal forthcoming

Further Reading

Michael Barfield, vice president of the ACLU of Florida, told Ars that he planned on appealing the decision and filing a motion to unseal these stingray records.

“I can guarantee you that we will move to unseal them and we also are evaluating our options in terms of appealing the judge’s decision because we never had an opportunity to address a critical factual issue in his ruling,” he said, noting that it remains unclear what portion of the stingray records the US government is willing to hand over.

“Now based on the judge’s order it appears that factual representations were made and, because we didn’t refute them at the status conference, they’re being used as a basis for the judge’s rationale, which obviously we disagree with.”

Barfield added that he continues to believe, despite the federal government’s claims, that the stingray records as they originated with the Sarasota Police Department are a state record and that state records law applies.

“When the government goes to such lengths to keep the public in the dark about its warrantless spying on citizens, then the requirement that courts approve of government searches is rendered pointless,” he added by e-mail. “Both the federal and local governments need to respect open records laws so the public knows what police are doing in their name.”

Sean Flynn, the appearing attorney for the United States, did not immediately respond to Ars’ request for comment.

150 Reader Comments

Our own government is the enemy. They don't respect the law. What do we do with criminals like these? What do we do when those who are there to protect us violate the very laws they are there to uphold?

US Constitution, Article III Section 3 delineates treason as follows: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.These corrupt politicians, judges, police and bureaucrats are levying War against America, adhering to American enemies and giving them aid and comfort. PUNISH THEM!

“Now based on the judge’s order it appears that factual representations were made and, because we didn’t refute them at the status conference, they’re being used as a basis for the judge’s rationale, which obviously we disagree with.”

Our government dropped any pretense of supporting liberty on October 26, 2001. It's all been downhill since then. What was promised to be the most transparent and open administration ever is instead busy hiding and obfuscating the extent to which we have become a police state.

So, I'm just curios what laws people think were broken that amount to treason here? The ACLU petitioned the court, and before the court could rule, the USMS took possession of the records. The court then ruled that it could not compel the USMS to turn over the records. The appeals will continue.

These hearings with the ACLU, EFF and the government happen all the time, and both sides get wins. That's the process. It might be slow, but it works and change happens.

I get tired of irrational people who would circumvent the system, and then say the ends would justify the means... as long as it suits them.

Our government dropped any pretense of supporting liberty on October 26, 2001. It's all been downhill since then. What was promised to be the most transparent and open administration ever is instead busy hiding and obfuscating the extent to which we have become a police state.

The worst part is that, as individuals, we can say what we want. Yet, we can't effect any real change.

And here come the drama purveyors, with all the hysterics and irrational comments. It's the end of the world folks. No need for rational discussion here.

How is this hysterics? If the IRS wants to do an audit on me, I can ship my records to Mexico and say, "I'm sorry the records are not in my possession and that now that they are in Mexico they are no longer under your jurisdiction. ". Doesn't that smell of subversion and an attempt to cover up?

Our government dropped any pretense of supporting liberty on October 26, 2001. It's all been downhill since then. What was promised to be the most transparent and open administration ever is instead busy hiding and obfuscating the extent to which we have become a police state.

The Republicans hate Obama. They oppose and criticize him at every opportunity. Yet they haven't said one word about any of this, and in fact join in the chorus condemning Snowden and praising the NSA. It's not just the administration - Congress can cut funding for these programs, but they don't. Obama couldn't sign the NDAA or the PATRIOT Act extensions if Congress hadn't passed them. And the Courts rubber stamp it all. All three branches of our government are against us - so much for checks and balances. There is no hope. All is lost. Keep your head down and your nose clean, Citizen.

So, I'm just curios what laws people think were broken that amount to treason here? The ACLU petitioned the court, and before the court could rule, the USMS took possession of the records. The court then ruled that it could not compel the USMS to turn over the records. The appeals will continue.

These hearings with the ACLU, EFF and the government happen all the time, and both sides get wins. That's the process. It might be slow, but it works and change happens.

I get tired of irrational people who would circumvent the system, and then say the ends would justify the means... as long as it suits them.

Have you been keeping up with the story? Does it sound American to you? What about FOIA requests? Is it ok to bypass those laws with what they are doing here? Why the secrecy? What place does secrecy have in this?

So, I'm just curios what laws people think were broken that amount to treason here? The ACLU petitioned the court, and before the court could rule, the USMS took possession of the records. The court then ruled that it could not compel the USMS to turn over the records. The appeals will continue.

These hearings with the ACLU, EFF and the government happen all the time, and both sides get wins. That's the process. It might be slow, but it works and change happens.

I get tired of irrational people who would circumvent the system, and then say the ends would justify the means... as long as it suits them.

These are Sarasota city records, the Feds have no right to them. It most certainly is within this Court's jurisdiction. He could/should slam the Marshalls - at least the local cop the Marshalls deputized - in jail for tampering with evidence and contempt of court.

The only irrational people circumventing the system (the Florida FOI laws) are the Feds.

So, I'm just curios what laws people think were broken that amount to treason here? The ACLU petitioned the court, and before the court could rule, the USMS took possession of the records. The court then ruled that it could not compel the USMS to turn over the records. The appeals will continue.

These hearings with the ACLU, EFF and the government happen all the time, and both sides get wins. That's the process. It might be slow, but it works and change happens.

I get tired of irrational people who would circumvent the system, and then say the ends would justify the means... as long as it suits them.

These are Sarasota city records, the Feds have no right to them. It most certainly is within this Court's jurisdiction. He could/should slam the Marshalls - at least the local cop the Marshalls deputized - in jail for tampering with evidence and contempt of court.

The only irrational people circumventing the system (the Florida FOI laws) are the Feds.

The feds regulate communications, so it could be argued they have control over the documents.

So, I'm just curios what laws people think were broken that amount to treason here? The ACLU petitioned the court, and before the court could rule, the USMS took possession of the records. The court then ruled that it could not compel the USMS to turn over the records. The appeals will continue.

These hearings with the ACLU, EFF and the government happen all the time, and both sides get wins. That's the process. It might be slow, but it works and change happens.

I get tired of irrational people who would circumvent the system, and then say the ends would justify the means... as long as it suits them.

Have you been keeping up with the story? Does it sound American to you? What about FOIA requests? Is it ok to bypass those laws with what they are doing here? Why the secrecy? What place does secrecy have in this?

As someone who doesn't live in the US and has no patriotic involvement whatsoever - it sounds very "American". If something doesn't work within the rules then change the rules so you win. Winning is everything.

These are Sarasota city records, the Feds have no right to them. It most certainly is within this Court's jurisdiction. He could/should slam the Marshalls - at least the local cop the Marshalls deputized - in jail for tampering with evidence and contempt of court.

The only irrational people circumventing the system (the Florida FOI laws) are the Feds.

Except he doesn't have the jurisdiction to do anything to the US Marshalls. So the ACLU will appeal to a court that does.

This certainly stinks to high heven, and I hope the ACLU keeps fighting this until the records are turned over, but that doesn't mean that the ruling today was incorrect.

So, I'm just curios what laws people think were broken that amount to treason here? The ACLU petitioned the court, and before the court could rule, the USMS took possession of the records. The court then ruled that it could not compel the USMS to turn over the records. The appeals will continue.

These hearings with the ACLU, EFF and the government happen all the time, and both sides get wins. That's the process. It might be slow, but it works and change happens.

I get tired of irrational people who would circumvent the system, and then say the ends would justify the means... as long as it suits them.

Have you been keeping up with the story? Does it sound American to you? What about FOIA requests? Is it ok to bypass those laws with what they are doing here? Why the secrecy? What place does secrecy have in this?

My point is... resorting to name calling, hysterics, calls to anarchy, etc. do no good. In fact, they only serve to turn reasonable people off from supporting a just cause. Be constructive, and support the process. Send money to the ACLU, and voice your opinions constructively; these cases will work their way through the courts. Overturning precedents is not easy... and for good reason. Not all precedents are bad... and the ones that are will eventually be overturned... by rational people.

Get serious regarding how scary this particular situation actually is. It isn't.

The issue was that the US Marshalls pulled a cheap shot to stop something that they didn't want to happen, the release a tool that they use to do their job. The ACLU then attempted to force the US Marshalls to stop in a state court, but that court can't make that call.

This is truly the kind of lawless behavior you expect to see from corrupt officials. A government that is convinced that the courts will see the merits of their argument don't resort to blatant hiding/destruction of evidence.

So, I'm just curios what laws people think were broken that amount to treason here? The ACLU petitioned the court, and before the court could rule, the USMS took possession of the records. The court then ruled that it could not compel the USMS to turn over the records. The appeals will continue.

These hearings with the ACLU, EFF and the government happen all the time, and both sides get wins. That's the process. It might be slow, but it works and change happens.

I get tired of irrational people who would circumvent the system, and then say the ends would justify the means... as long as it suits them.

Have you been keeping up with the story? Does it sound American to you? What about FOIA requests? Is it ok to bypass those laws with what they are doing here? Why the secrecy? What place does secrecy have in this?

As someone who doesn't live in the US and has no patriotic involvement whatsoever - it sounds very "American". If something doesn't work within the rules then change the rules so you win. Winning is everything.

What information, could have possibly been in those intercept reports, that everyone is afraid to disclose ?

It's more or less public now what Stingray is and what it can do. Is there something even more subtle/devious lurking in there ?

Most likely, there are all the things you don't know it can do that they are trying to hide. Like how maybe it can push malware to your phone and/or access the camera and microphone, or something else equally nasty. They sure as hell aren't going to all this trouble for nothing.

Get serious regarding how scary this particular situation actually is. It isn't.

The issue was that the US Marshalls pulled a cheap shot to stop something that they didn't want to happen, the release a tool that they use to do their job. The ACLU then attempted to force the US Marshalls to stop in a state court, but that court can't make that call.

So, the ACLU files in a federal court now. That's all.

That's my read too. It's not that the Marshals properly own the records now, but they physically *have* them, and only a federal judge can tell them to give them back.

What information, could have possibly been in those intercept reports, that everyone is afraid to disclose ?

It's more or less public now what Stingray is and what it can do. Is there something even more subtle/devious lurking in there ?

Most likely, there are all the things you don't know it can do that they are trying to hide. Like how maybe it can push malware to your phone and/or access the camera and microphone, or something else equally nasty. They sure as hell aren't going to all this trouble for nothing.

Per the OP's comment, I was wondering the same thing, and it may be as you said. I am also curious if the devices possibly return an unusual number of false positives, have other functional bugs, or possibly poor code behind them that, under inspection by a seasoned Dev would discredit their use in any legal capacity (thinking about a similar condition with the code in some breathalyzers). Just a thought, but they seem be going to great lengths to protect these items so it doesn't seem implausible that while they do provide results, they only do so in an unreliable manner.

Seven years of powerThe corporation clawThe rich control the government, the media, the lawTo make some kind of differenceThen everyone must knowEradicate the fascists, revolution will grow

The system we learn says we're equal under lawBut the streets are reality, the weak and poor will fallLet's tip the power balance and tear down their crownEducate the masses, We'll burn the White House down